Carey's in Hertford Place, The Butts, is appealing against a noise abatement order which bosses say will force its closure.

Carey's was served with the order last December following complaints from two nearby residents.

Robert Fookes, counsel for club owner Tony Carey, said the venue - which holds popular dance music nights - would be unable to continue if forced to meet the noise level requirements of the order.

And he argued yesterday that the problem had been caused by a lack of communication between Coventry City Council's planning department and environmental services.

When planning consent was given for Regency House, 40 metres from Carey's, to be turned into residential flats, in April 2003, officers called for certain conditions to deal with potential noise problems from nearby clubs.

Mr Fookes told District Judge Ian Gillespie at Coventry Magistrates Court: "It is an area in Coventry identified for usage such as nightclubs.

"That reflects the character of the area.

"This club has been there for 20 years. The equipment used dates back to 1999 and has not been changed since. Neither has the operation of the club."

Mr Fookes quoted reports from planning officer Douglas Castle that stated that conditions of consent should be that measures are taken to protect residents from potential noise problems.

These should have included acoustic mechanical vents and double glazed units with increased sound reduction.

However, he claimed that noise measurements taken by representatives of the developers were done when the club was not operating and subsequent measures implemented reflected only the traffic noise.

He said: "The report, which did not take into account noise from the clubs, was sent to environmental services.

"Planning did put in conditions but they were not provided."

Case officer Neil Chaplin, environ-mental protection officer for the council, agreed that his department had not picked up on the club's issue at the time.

He said: "That appears to be the case but it still down to planning officers to make sure we have all the information that we need."

Asked what he felt the appropriate remedy for the situation was he replied: "Reducing the volume of the music."

But Mr Fookes argued: "He reduced the bass by 30 per cent on Fridays and people did not come.

"He has reduced the noise to the extent that he is not operating, because the punters just don't come.